Judge dismisses coach's suit against UNR

RENO, Nev. 
A judge has dismissed a lawsuit filed by the former coach of the Nevada women's soccer team, saying the university was justified in firing Terri Patraw and it had nothing to do with her reporting NCAA recruiting violations.

Washoe District Judge Patrick Flanagan ruled late Tuesday that Patraw also failed to show the school retaliated against her because she filed whistleblower complaints alleging discriminatory treatment of women athletes and claims she had been sexually harassed.

The judge said school officials produced substantial evidence their decision was based on Patraw's failure to follow directives, their lack of trust in her and her numerous threats to resign.

The suit – which was scheduled to go to trial next week – named as defendants Milton Glick, president of the University of Nevada, Reno, athletic director Cary Groth and the Nevada System of Higher Education.

Glick praised the ruling that he said "helps set the record straight."

"I remain proud of our athletics program and appreciative of the many Wolf Pack fans who contribute to its success," he said Wednesday.

Jeffrey Dickerson, a Reno lawyer representing Patraw, said they intend to appeal the ruling to the Nevada Supreme Court despite his belief that UNR's offer to settle the case for $151,000 remains on the table.

"The court overlooked significant facts about the termination," Dickerson said Wednesday. He said Groth admitted the termination in August 2007 was tied to Patraw reporting Title IX violations ensuring equal treatment of men's and women's sports.

"On that alone, the case should have gone to the jury. We predict this decision will be reversed quickly and Terri will return for trial within the year," he said.

Kent Robison, a lawyer for UNR, said the school will pursue attorney fees and costs from Patraw that he estimates will approach or surpass the $151,000 offer. But he said he disagreed with Dickerson's view that the settlement offer remained on the table now that the judge has dismissed the case.

Patraw maintains her complaints led to the resignation of Nevada men's golf coach Rich Merritt, who stepped down last May after an internal probe found he had provided free meals to athletes and exchanged a frequent-flier airline ticket with an athlete.

Robison said in court last month that former assistant men's basketball coach Dedrique Taylor paid Patraw to keep her from reporting NCAA violations, but Patraw denies that. She said Taylor gave her money to avoid a defamation suit she had threatened based on allegedly false statements he made about her after they ended a romantic relationship.

The NCAA currently is investigating Nevada's athletic program, but it is not known what allegations or sports are under review.

Flanagan said it was clear that a soccer team that had never had a winning record improved significantly under Patraw's tenure. It posted the best record in school history in 2006, won its first WAC title and made its first NCAA tournament appearance.

But while she received "commendable" ratings in her job evaluations, "her tenure was not without significant turmoil and controversy," Flanagan said. He said that included a "series of disturbing incidents" involving Patraw and Taylor.

The judge said the nature of the relationship is not clear, but included complaints to police, anonymous e-mails to then-Nevada basketball coach Mark Fox, admonishments and recommendations of counseling. It also led to a formal UNR police investigation and the confidential settlement between Patraw and Taylor.

Patraw also had claimed she was the victim of sexual harassment when Fox told her that she and another female coach at a 2004 fundraiser looked like they were "on a date."

Flanagan concluded that was "an isolated and spontaneous remark that does not rise to the level of a hostile work environment."

The judge also rejected Patraw's claim she has suffered emotional distress, severe stress, weight loss and severe sleep deprivation since her termination.

Patraw said she has a "consistent stress-related twitch in her left eye" and "unusual stress-related rash" on her skin that covers a large portion of her body.

But Flanagan said there is no evidence that any act by UNR officials "resulted in a physical impact or resulted in serious emotional distress causing physical injury or illness."

Dickerson said Flanagan ruled earlier that a portion of her whistleblower case be returned to an administrative hearing officer to consider Groth's credibility as a witness in that proceding.

"We will be asking the hearing officer to reinstate Terri before the soccer season starts in August," Dickerson said.